April 11, 2018, Introduced by Rep. Kosowski and referred to the Committee on Military and Veterans Affairs.
A bill to require the department of military and veterans
affairs to notify the department of health and human services of a
report of abuse, neglect, or exploitation occurring in a veterans'
facility; to require the department of health and human services to
independently investigate the report; and to provide for the powers
and duties of certain state and local governmental officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Department" means the department of military and veterans
affairs.
(b) "Director" means the director of the department.
(c) "Internal report of abuse" means a report of abuse that is
reported to the department, the Michigan veterans affairs agency,
or the Michigan veteran health system by any of the following
individuals:
(i) A state employee, contractor employee, or volunteer
employed by the department, the Michigan veterans affairs agency,
or the Michigan veteran health system.
(ii) A resident veteran, a family member of a resident
veteran, or a legal guardian or individual with power of attorney
for a resident veteran.
(d) "Michigan veterans' facility", "veterans' facility", or
"facility" means a Michigan veterans' facility established under
1885 PA 152, MCL 36.1 to 36.12, or a veterans' facility as that
term is defined in section 2 of the Michigan veterans' facility
authority act, 2016 PA 560, MCL 36.102.
(e) "Report of abuse" means a report of suspected or alleged
abuse, neglect, or exploitation, as those terms are defined in
section 11 of the social welfare act, 1939 PA 280, MCL 400.11,
concerning a resident veteran.
(f) "Resident veteran" means a veteran who is a resident of a
Michigan veterans' facility or an individual who is a resident of a
Michigan veterans' facility by virtue of the individual's
relationship with the veteran.
(g) "Veteran" means that term as defined in section 2a of 1885
PA 152, MCL 36.2a.
Sec. 2. (1) If the department, the Michigan veterans affairs
agency, or the Michigan veteran health system receives an internal
report of abuse concerning a resident veteran, the department shall
take both of the following actions:
(a) Notify the department of health and human services within
24 hours after receiving the report that the department has
received an internal report of abuse.
(b) Commence an investigation of the internal report of abuse
in accordance with a written policy as established or approved by
the director.
(2) The notice provided under subsection (1) shall include the
name of the resident veteran and a description of the suspected or
alleged abuse, neglect, or exploitation contained in the internal
report of abuse. If possible, the notice shall include the resident
veteran's age and the names and addresses of the resident veteran's
guardian or next of kin. The notice shall include other information
available to the department that may establish the cause of the
suspected or alleged abuse, neglect, or exploitation and the manner
in which the suspected or alleged abuse, neglect, or exploitation
occurred or is occurring.
Sec. 3. (1) Upon receipt of the notice provided by the
department under section 2, the department of health and human
services shall commence an investigation of the suspected or
alleged abuse, neglect, or exploitation described in the notice
that is independent of the department's investigation under section
2.
(2) The department of health and human services shall conduct
the investigation under this section in accordance with the
requirements concerning investigations of abuse, neglect, and
exploitation under section 11b of the social welfare act, 1939 PA
280, MCL 400.11b.
Sec. 4. (1) Upon completion of an investigation concerning an
internal report of abuse under section 2, the department shall
forward a written report of the investigation and its findings to
the department of health and human services.
(2) Upon completion of its investigation under section 3, the
department of health and human services shall forward a written
report of the investigation and its findings to the department.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless all
of the following bills of the 99th Legislature are enacted into
law:
(a) House Bill No. 5616.
(b) House Bill No. 5617.